CBD has caused a lot of commotion over the past few years – as well as a lot of confusion. The laws surrounding hemp-derived CBD products aren’t always clear, and it can be tricky to discern what is accurate between federal and state level regulations.
Many have assumed that CBD products are legal in all 50 states, but unfortunately matters are not so straightforward. If you are curious about the CBD laws in your state, read on to learn more.
Overview of Federal Hemp CBD Laws
The signing of the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) changed the game for hemp and hemp-derived products. Under this act, hemp was removed from the definition of marijuana in the Controlled Substances Act.
This means that hemp and hemp-derived products (like CBD oil) lost their status as a Schedule 1 drug. It is important to note that federally legal hemp (and hemp-derived products) must contain less than 0.3% THC. Marijuana-derived products, on the other hand, still remain illegal on the federal level.
So what exactly does this mean for hemp-derived products? Since the Farm Bill was signed, multiple doors have been opened in regards to CBD production and sale in the US. Any product that comes from the hemp plant (so long as it has under 0.3% THC) is legal on the federal level.
That being said, state governments are able to place their own restrictions on hemp-derived CBD. Some have chosen to take a stricter stance than the federal law (which we will cover below).
It is important to note that the FDA, which has oversight of food, cosmetics, and drugs, has not approved the sale and marketing of CBD-infused foods and dietary supplements, or tested CBD products for their efficacy and dosage.
There is an exception for Epidiolex, an FDA-approved drug containing CBD that is used to treat a certain type of epilepsy. The agency also has not established official guidelines for the regulation of hemp-derived CBD products.
State Hemp CBD Laws
Since the cultivation and production of hemp-derived products is legal on the federal level, many are asking: is CBD oil legal in all 50 states? How about other hemp-derived CBD products?
The federal legalization has led many people to assume that it is perfectly legal to use CBD oil and other products throughout the country.
Unfortunately, it isn’t quite that simple. The 2018 Farm Bill allowed for state governments to create their own hemp regulations, so states have taken their own stances.
While many states have jumped on board with the federal stance on CBD, others have put stricter regulations in place regarding hemp and CBD products. Some states haven’t yet established a clear stance, putting them in a gray area when it comes to the legality of CBD in those states.
CBD Laws By State
The following list breaks down which states are CBD-friendly, which states have banned CBD, and which states haven’t established a clear stance on CBD products.
CBD Friendly States
In the following states, the production and purchase of hemp-derived CBD is legal. Note that in many of these states, marijuana-derived CBD is not legal.
Idaho (with stricter regulations, as outlined in the CBD oil section below)
States Against CBD
The following states have explicitly stated that CBD is not legal.
In Hawaii, officials have stated that CBD products are not legal, with the exception of those with a prescription. Laws in the state prohibit adding CBD to food, beverages, or cosmetics.
For Iowans, there has been a lot of confusion around the legality of CBD. In May 2019, Iowa Governor Kim Reynolds issued a statement saying that, although hemp production is legal, the production and sale of hemp-derived CBD products still remains illegal.
The state is following the guidance of the FDA, which has not approved CBD for human consumption. Essentially, Iowa seems to be waiting for the approval of the FDA before giving CBD the green-light.
Hemp-derived CBD is not legal in Massachusetts. This is surprising to many, especially since recreational marijuana is legal in the state. Many hemp-derived products are legal to produce and sell, including hemp seeds, hemp seed oil, clothing, hemp protein, and building material. However, as far as CBD products, Massachusetts is following the guidance of the FDA.
This means many CBD products are illegal, including “any product containing CBD derived from hemp that makes therapeutic/medicinal claims”, “any product that contains hemp as dietary supplement”, and “any food product containing CBD.”
Despite hemp-derived CBD being legal on the federal level, the Nebraska Attorney General has maintained that CBD remains illegal under state law. There is some uncertainty with the laws in Nebraska, since hemp is not considered a controlled substance in the state. However, based on the Attorney General’s statement, it seems that, as of now, CBD remains illegal (besides some medical exceptions).
For residents of South Dakota, hemp-derived CBD is illegal. The South Dakota Attorney General has confirmed that all CBD products remain illegal. There is an exception for the use of Epidiolex, the FDA-approved drug containing CBD that is used to treat a certain type of epilepsy.
CBD Neutral States
The following states remain in a legal gray area regarding hemp-derived CBD. While they haven’t stated that CBD is illegal, they also haven’t made clear statements that it is legal.
CBD remains unregulated in Alaska, putting it in a legal gray area in the state. While you can find it in stores, if you choose to purchase a CBD product in the state, you should be very cautious with what you are choosing. Some product labels could inaccurately reflect what is actually in the container.
Just like with Alaska, CBD remains unregulated in Delaware.
Like the above states, CBD remains unregulated in Mississippi. Per Harper Grace’s Law, CBD is available for eligible patients with epileptic conditions through the Department of Pharmacy Services at the University of Mississippi Medical Center.
Missouri is another state in the gray area, as CBD remains unregulated and the Attorney General has not made a statement. The Missouri Medical Marijuana Bill legalizes the use of CBD oil for eligible patients with epilepsy.
Montana state government does not regulate the production of CBD. The official state website refers readers to the FDAs statements on CBD.
Since New Hampshire has yet to regulate CBD, it still remains in the gray area. The New Hampshire Department of Health and Human Services has confirmed, however, that CBD is not permitted as an additive to food products.
CBD is easily found in stores throughout Washington D.C. However, CBD still remains unregulated, and no official statements have been made regarding the legality.
Is CBD Oil Legal in My State?
CBD oil is one of the most popular CBD products available, so many are wondering about the legality of this product in their state.
It is free of any additional cannabinoids (including THC), terpenes, and flavonoids. A broad spectrum CBD oil contains plant compounds (like terpenes, flavonoids, and cannabinoids), but does not contain any THC.
A full spectrum CBD oil contains all of the plant compounds found in a broad spectrum oil, as well as THC. However, a federally legal hemp-derived broad spectrum oil contains less than 0.3% THC, which is not enough to get users high.
When looking at CBD oil laws by state, the majority of the states under the “CBD friendly” list allow for the purchase and use of isolates, broad spectrum, and full spectrum CBD oils, so long as they contain less than 0.3% THC. However, Idaho does have stricter hemp and CBD regulations in comparison to its counterparts.
Hemp-derived CBD products must contain no THC, so full spectrum products are not legal. Hemp products must also not be deemed as marijuana under Idaho’s definition of the plant. Simply put, this means that CBD can only be extracted from certain parts of the plant. Since broad spectrum products can be made from multiple parts of the plant, isolates are the only legal option.
CBD Gummies and Edibles
CBD Capsules & Pills
CBD Capsules & Pills
Other CBD-Infused Products
Oils aren’t the only CBD products that have been manufactured. Products like topicals and foods have been infused with CBD, and questions have been raised about the legality of their use.
In the case of topicals containing CBD (such as creams, lotions, and balms), most states haven’t made an explicit statement regarding the legality. Since many states include “hemp-derived products” as legally available, it appears that these types of products are legally acceptable – and in many states they are readily available in-store and online.
However, it does still exist in a bit of a gray area since they often aren’t explicitly addressed.
State regulations around CBD in food is a bit more clear cut. The FDA has prohibited the addition of CBD to food products since CBD is an active ingredient that is found in an FDA-approved drug (Epidiolex).
Many states have decided to follow these guidelines. CBD-friendly states that have explicitly banned the addition of CBD to food include California, New York, New Hampshire, Maine, Massachusetts, Michigan, Nevada, North Carolina, Pennsylvania, Georgia, Washington, and Ohio.
States that have allowed the use of CBD in food include Connecticut, Colorado, and Maine.
The Top Things to Keep in Mind When Buying CBD
Even if you are living in a state where CBD products are legal, it is important to keep a few things in mind to ensure you are getting products from high-caliber brands. Be sure to check on a brand’s cultivation and production practices to make sure they are producing high-quality products.
This includes making sure they grow their own hemp or source it from local farmers. That way, they know exactly what is going into the farming of the plant. It is also vital that brands put their products through third-party testing to ensure the proper amounts of CBD are in the products, and that no harmful elements are in the formulas.
If you are looking for high-quality CBD products from a reliable seller, you can check out the range of CBD products here at Every Day Optimal.
Beyond following these guidelines to ensure the highest quality of products, over 1200 (and counting) customers have left positive reviews – proving that our products have kept their status as fan favorites!